Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Accused did not cause any specific injury to deceased and what he allegedly did at the crucial hour was that he and his two armed co-accused jointly tortured the deceased and complainant by means of their weapons (sticks)---Complainant did not get himself medically examined and medico legal report of deceased revealed two blunt weapon injuries one on his skull and the other at his back which fell within the mischief of S. 337-L(2), P.P.C.---Deceased was found semi-conscious and disoriented at the time of his medical examination, he was alive for about a week and finally succumbed to the head injury---Head injury was allegedly inflicted by co-accused who was armed with a mohri (big stick)---Number of injuries as mentioned in medico-legal report and necropsy report did not commensurate with the number of accused who allegedly formed a group of three at the relevant time---Accused allegedly injured a lady as well and tore her clothes during the occurrence rendering her semi naked but she did not offer herself for medical examination nor she produced her torn clothes before the police---Delay of nine days in lodging the FIR had not been explained by the complainant expressively though it might be perceived that he remained on the beside of her son when he was hospitalized---Investigating Officer had opined that accused though was present at the spot during the occurrence but did not cause any injury to the deceased or anyone else as he was empty handed---No revenue record was available to substantiate the allegation that he dismantled a pathway with the kassi (instrument to dig) before the alleged occurrence started---No sota/danda (stick) was recovered at the instance of accused during his eleven days physical remand---Accused allegedly got recovered a kassi which was not used in the occurrence as opined by the Investigating Officer; he had been in jail for five months and no more needed by the police for the purpose of any recovery etc.---Continued incarceration of accused might be of little consequence…

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